Task force delves into discrimination issues

Group looks for sources of information as it examines a proposal for added protections

Mar. 5, 2013

MilesSweeney

Written by

Kelly Johnson

What information to seek — and whom to ask for it — were topics of discussion as the citizen task force studying discrimination issues held its second meeting Monday.

“Who do we talk to ... who’s our resource?” chairman Miles Sweeney said as he posed the question to the group.

City Council appointed the 15-member task force to research a proposal amending the city’s non-discrimination ordinance to include protections based on sexual orientation and gender identity.

The ordinance already bans discrimination in employment, housing and public accommodations based on factors such as race, religion or disability. Whether to add sexual orientation and gender identity to the list has proved controversial.

Monday, City Attorney Dan Wichmer gave task force members a short lesson on the requirements of the state open records law before explaining the origins of the proposed amendments.

Sweeney then asked task force members to think about questions the group needs to try to answer.

“Do we need an ordinance? Is there a problem worth addressing?” he said, noting that the task force could have a difficult time finding hard evidence one way or the other.

“We’ll likely have to rely to an extent on the advocacy groups to answer that,” he said.

Kelly Johnson, chair of the Mayor’s Commission on Human Rights and Community Relations, said that group — which investigates and mediates discrimination complaints — has no record of cases related to sexual orientation or gender identity because it has no authority to look into them.

“It’s a little bit of a chicken and an egg thing,” Wichmer said. “There probably was discrimination, but there was no ordinance to deal with it.”

Task force member Dr. Robert Saylor, director of ethics for Mercy Health System, asked whether complaint numbers are available from other cities, such as Columbia, that have added protections based on sexual orientation and gender identity.

“They’re not getting many,” Johnson said.

Task force member Dick Hardy, a church consultant, said he thought some of the materials Johnson provided at an earlier meeting “appeared to be advocacy-oriented ...”

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“There really didn’t seem to be any facts that would go against” the proposed ordinance, he said.

Johnson said members of the human rights commission over time had become convinced of the need for added protections. She also urged the group not to rule out anecdotal information provided by supporters or opponents.

“Anecdotal evidence is important, and you’re going to get a lot of that from the other side,” she said. “You’re dealing with feelings and religious convictions.”

The religious community has been the primary source of opposition to the proposed additions. Although religious organizations would be exempt from the proposed ordinance — churches could refuse to hire or serve someone who is gay, for example — private business owners would not be able to discriminate based on their personal religious beliefs.

The Rev. Michael Overton, pastor at First Baptist Church, said he would like information about possible legal challenges “from religious business owners, how that would go against their First Amendment rights.”

And Hardy said that, even if churches are exempt, church leaders could provide insight into members’ concerns.

“How would you advise us to deal with this small business owner who’s a member of your church?” Hardy said.

Hardy emphasized the need to contact a variety of religious institutions — as Sweeney noted, “It’s not one big bunch.”

Task force member Lynne Meyerkord, executive director of AIDS Project of the Ozarks, suggested the task force also check the Ozarks Lesbian and Gay Archives at Missouri State University for information about the experiences of local gay or transgender residents.

Other suggested resources included the Springfield Area Chamber of Commerce and a local association of human resources professionals.

“I think one of the most difficult may be the public accommodations, because of the variety,” Sweeney said.

Task force member Gary Whitaker, who owns 417 Magazine, said retail associations could be a source of information.

Large health care providers including Mercy and Cox should be consulted, as well, Whitaker said, noting that people he had talked to were most concerned about receiving poor medical service because of their sexual orientation.